Created by Fuzzy Cloud

Patna High Court

Randheer KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.15,000 with two sureties and compliance with specified conditions.

Summary

The petitioner, Randheer Kumar, was arrested in connection with a dacoity case (Section 395 IPC) involving armed robbery on 28 April 2024. He claimed he was falsely implicated, noting that his name does not appear in the FIR and only surfaced through a co‑accused’s confession, with no material recovered from him. The petitioner has eight prior criminal antecedents and has been in custody since 28 January 2025. The State opposed bail, emphasizing the seriousness of the offence and the petitioner’s criminal record. Considering the lack of direct evidence, the petitioner’s claim of false implication, the period of custody, and parity with a co‑accused who had already been bailed, the Court granted bail subject to monetary sureties and strict conditions.

Issues considered

  • Whether bail should be granted to the accused in a dacoity case under Section 395 IPC despite his criminal antecedents
  • Whether the petitioner’s alleged false implication and lack of direct evidence justify bail

Legislation cited

Subjects

  • bail
  • Section 395 IPC
  • dacoity
  • false implication
  • criminal antecedents
  • Criminal Procedure Code
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12209 of 2026
                      Arising Out of PS. Case No.-54 Year-2024 Thana- SAHIYARA District- Sitamarhi
                 ======================================================
                 Randheer Kumar S/O Ram Sakal Rai R/O village- Rikhauli, ward no. -15,
                 P.S. - Dumra, Dist. - Sitamarhi
                                                                       ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Virendra Kumar, Advocate
                 For the Opposite Party/s :        Mr.Jai Narain Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sahiyara P.S. Case No. 54 of 2024 instituted for the offence

                   under Section 395 of the Indian Penal Code.

                                3. The prosecution case is that on 28.04.2024

                   midnight, 7–10 armed miscreants forcibly entered the houses of

                   Vishwanath Singh and Ranjan Kumar, threatened their families

                   at gunpoint, assaulted them, and looted cash, jewellery, and

                   valuables. After locking the victims inside, the accused fled with

                   the looted articles.

                                4. It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 28.01.2025. Petitioner

                   bears eight criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.12209 of 2026(2) dt.23-02-2026
                                            2/3




          paragraph No. 3 of the bail application.

                       5. It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is not named in the FIR. Name of the petitioner

          has surfaced in this case on the basis of confessional statement

          of the co-accused. Nothing has been recovered from the

          conscious possession of the petitioner. Other co-accused has

          been granted bail by this Bench vide order dated 16.01.2026

          passed in Cr. Misc. No. 89459 of 2025.

                       6. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       7. Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner, claim based on

          parity, this Court is inclined to grant bail to the petitioner.

                       8. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of Rs.

          15,000/- (Fifteen Thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Sahiyara P.S. Case No. 54 of 2024, subject to

          the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.
           Patna High Court CR. MISC. No.12209 of 2026(2) dt.23-02-2026
                                                       3/3




                                   (II) The petitioner shall appear on each and every date

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.